by admin | May 14, 2021 | Criminal Procedure, West Virginia
Before ordering a mistrial, the court shall provide an opportunity for the state and for each defendant to comment on the propriety of the order, including whether each party consents or objects to a mistrial, and to suggest any alternatives.W.Va. R. Crim. P....
by admin | May 14, 2021 | Criminal Procedure, West Virginia
(a)Motion for production. – After a witness other than the defendant has testified on direct examination, the court, on motion of a party who did not call the witness, shall order the attorney for the state or the defendant and the defendant’s attorney, as...
by admin | May 14, 2021 | Criminal Procedure, West Virginia
A party who intends to raise an issue concerning the law of a foreign country shall give reasonable written notice. The court, in determining foreign law, may consider any relevant material or source, including testimony, whether or not submitted by a party or...
by admin | May 14, 2021 | Criminal Procedure, West Virginia
In all trials the testimony of witnesses shall be taken orally in open court, unless otherwise provided by these rules, the West Virginia Rules of Evidence, or other rules adopted by the Supreme Court of Appeals.W.Va. R. Crim. P. 26Effective October 1, 1981; amended...
by admin | May 14, 2021 | Criminal Procedure, West Virginia
(a)During trial. – If by reason of death, sickness or other disability the judge before whom a jury trial has commenced is unable to proceed with the trial, any other judge regularly sitting in or assigned to the court, upon certifying familiarity with the...
by admin | May 14, 2021 | Criminal Procedure, West Virginia
(a)Examination. – The court may permit the defendant or the defendant’s attorney and the attorney for the state to conduct the examination of prospective jurors or may itself conduct the examination. In the latter event the court shall permit the defendant...
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